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Lebamoff Enterprises Inc. v. Whitmer

Petition for certiorari denied on January 11, 2021

Docket No. Op. Below Argument Opinion Vote Author Term
20-47 6th Cir. N/A N/A N/A N/A OT 2020

Issue: Whether a state liquor law that allows in-state retailers to ship wine directly to consumers, but prohibits out-of-state retailers from doing so, is invalid under the nondiscrimination principle of the commerce clause or is a valid exercise of the state"s 21st amendment authority to regulate the sale of alcoholic beverages within its borders.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/17/2020Petition for a writ of certiorari filed. (Response due August 19, 2020)
07/23/2020Waiver of right of respondents Governor Gretchen Whitmer, Attorney General Dana Nessel, and MLCC Chairperson Pat Gagliard to respond filed.
07/23/2020Waiver of right of respondent Michigan Beer & Wine Wholesalers Association to respond filed.
07/29/2020DISTRIBUTED for Conference of 9/29/2020.
08/18/2020Brief amici curiae of 23 Wine Consumers filed. (Distributed)
08/18/2020Brief amicus curiae of National Association of Wine Retailers filed. (Distributed)
09/09/2020Response Requested. (Due October 9, 2020)
09/14/2020Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
09/15/2020Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
09/17/2020Motion of respondent Michigan Beer & Wine Wholesalers to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
09/18/2020Motion of respondent Michigan Beer & Wine Wholesalers to extend the time to file a response is granted and the time is extended to and including November 9, 2020, for all respondents.
11/09/2020Brief of respondent Michigan Beer & Wine Wholesalers Association in opposition filed.
11/09/2020Brief of respondents Governor Gretchen Whitmer, Attorney General Dana Nessel, and MLCC Chairperson Pat Gagliard in opposition filed.
11/23/2020Reply of petitioners Lebamoff Enterprises, Inc., et al. filed. (Distributed)
11/24/2020DISTRIBUTED for Conference of 12/11/2020.
12/08/2020Rescheduled.
01/04/2021DISTRIBUTED for Conference of 1/8/2021.
01/11/2021Petition DENIED.